Ord 14-98ORDINANCE NO. 14-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13(H), "SPECIAL REGULATIONS", SUBPARAGRAPH
4.4.13(H) (1), OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, TO RESTRICT THE SALE
OF SECOND HAND MATERIAL, OTHER THAN VERIFIABLE
ANTIQUES, ON N.E. 2ND AVENUE (PINEAPPLE GROVE WAY)
WITHIN THE CENTRAL BUSINESS DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public hearing
on February 23, 1998, and forwarded certain changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.13, "Central
Business (CBD) District", Subsection 4.4.13(H), "Special
Regulations", subparagraph 4.4.13(H) (1), of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(H) Special Regulations:
(1) The sale of second hand material, other than
verifiable antiques, shall not be allowed within businesses nor on
properties which have an entry from and/or windows along and/or
froDtage on East Atlantic Avenue or N.E~ 2nd Avenue (a/k/a Pineapple
Grove.Way) between East Atlantic Avenue and N.E. 4th Street.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 17th day of
ATTEST
March _ _ . , 1998.
First Reading March 3, 1998
Second Reading March 17, 1998
- 2 - Ord. No. 14-98
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~.~.- REGULAR MEETING OF MARCH 17, 1998
ORDINANCE NO. 14-98 (SECOND HAND SALES ON PINEAPPLE
GROVE WAY/N.E. 2ND AVENUE)
MARCH 13, 1998
This is second reading and the second public hearing for Ordinance
No. 14-98 which proposes to restrict the sale of second hand
material other than verifiable antiques on N.E. 2nd Avenue
(Pineapple Grove Way).
The amendment was initiated by the City Commission at the meeting
of February 17, 1998, at the request of the Pineapple Grove Main
Street organization. The Commission directed the Planning and
Zoning Board to consider restricting second hand sales altogether
in the subject area or allowing them as a conditional use.
On February 23, 1998, the Planning and Zoning Board held a public
hearing on the proposal and, after considerable public comment,
voted 5 to 1 to recommend approval of a text amendment that would
allow the sale of second hand material other than verifiable
antiques on Pineapple Grove Way as a conditional use.
The Commission considered Ordinance No. 14-98 on first reading on
March 3rd. A public hearing was also held at which there was
lengthy public testimony. Ordinance No. 14-98 as drafted
restricts second hand sales on Pineapple Grove Way altogether.
After discussion, the Commission passed the ordinance by a vote of
4 to 1 (Mr. Randolph dissenting).
Recommend approval of Ordinance No. 14-98 on second and final
reading.
ref:agmemol6
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18:~3
5612788555
DB CHAHBER CO~lVlERCE
PAGE 82
GRI[A'rER
DELRAY. BFq.
.Char~ber o~ Commercei
To:
From:
Subject:
Delray Beach City Commissioners :
Dick Sheremeta, Chairman of the Boardi:
Proposed amendment of Land Development Regulotion Section
4.4.13(G)(2] ;
Date: 3-13-98
The Greater Delray Beach Chamber of Commerce support~ the proposed
amendment of Land Development Regulation Section 4.4. !3(G) [2)
(H} Special Regulations: The sale of second hand material, other than
verifiable antiques, shall not be allowed v/thin businesses, nor on
properties, which have an entry from and/or windows along and/or
frontage on East Atlantic Avenue or NE 2nd Avenue (a/k/a/Pineapple
Grove Way) between East Atlantic Avenue and NE 4~ Skeet.
cc: Diane Oominguez
,p,,E O,F__...t',,t ¢--..o
84 SE 5th Avenue Deb'ay Beach, FL 33483 581/279-1380, ext 13
TO:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER ~. ~ ~
MEETING OF MARCH 3, 1998
AMENDMENT TO LDR SECTION 4.4.13, CENT~L BUSINESS DISTRICT,
RESTRICTING SECOND HAND SALES ON N.E. 2ND AVE. (PIN~PPLE
GROVE WA~
This amendment was initiated by the City Commission at the meeting of February 17, 1998, at
the request of the Pineapple Grove Main Street organization. The Commission directed the
Planning & Zoning Board to consider prohibiting second hand sales altogether in the subject
area, or allowing them as a conditional use. The attached P & Z Board staff report provides a
description and analysis of those alternatives.
The Board held a public hearing on this item on February 23, 1998. There was considerable
public comment both in favor of and opposed to the amendment. After a lengthy discussion,
the Board voted 5-1 to recommend approval of Alternative "B", which would allow the sale of
second hand material other than verifiable antiques on Pineapple Grove Way as a conditional
use.
While two alternatives were presented to the Planning and Zoning Board, the only amendment
that was advertised for the City Commission hearing was Pineapple Grove Main Street's
original request, which would prohibit secondhand sales on N.E. 2nd Avenue altogether.
Therefore, if the City Commission wishes to follow the Planning and Zoning Board's
recommendation and allow secondhand sales as a conditional use, the ordinance will have to
be readvertised, and another first reading will have to be held on March 17th.
Attachments:
· Planning and Zoning Board Staff Report
· Proposed Ordinance
MEETING OF:
FEBRUARY 23, 1998
AGENDA ITEM:
VI.C AMENDMENT TO LAND DEVELOPMENT REGULATIONS
SECTION 4.4.13(H)(1), CENTRAL BUSINESS DISTRICT,
RESTRICTING SECOND HAND SALES ON N.E. 2ND AVE.
(PINEAPPLE GROVE WAY)
The item before the Board is consideration of an amendment to the Land Development
Regulations that would further restrict the sale of second hand merchandise and
materials in the Central Business District. The affected LDR section is 4.4.13 (H)(1),
.Central Business District, Special Regulations.
Pursuant to Section 1.1.6, amendments to the Land Development Regulations shall not
be made until a recommendation is obtained from the Planning and Zoning Board.
This LDR amendment was initiated by the City Commission at its meeting of February
17, 1998, at the request of the Pineapple Grove Main Street organization (see attached
letter from PGMS Program Manager Tom Fleming).
Currently within the CBD, the sale of second hand merchandise, other than verifiable
antiques, is prohibited within businesses which have an entry from and/or windows
along Atlantic Avenue. The requested amendment would extend that prohibition to
N.E. 2nd Avenue, also known as Pineapple Grove Way.
Restrictions on second hand sales in the CBD date back to October 1990, when the
new Land Development Regulations were originally adopted. The restriction was
added to the CBD regulations at the request of the Downtown Development Authority,
whose members had expressed concern over certain uses that were permitted in the
district. Originally the restriction applied to all properties located between N.E. 1st and
S.E. 1st Streets. In November of 1990, AVDA (Aid to Victims of Domestic Assault)
leased a building located in the first block of S.E. 4th Avenue for use as a thrift store.
AVDA intended to raise funds for its programs through the sale of donated second hand
merchandise at this location. After being informed that the use was not permitted at the
P & Z Board Staff Report
LDR Amendment re: Second Hand Sales in the CBD
Page 2
proposed location, they asked that the LDRs be amended, or that an exception be
made for their store. After meetings with the DDA, the Planning and Zoning Board,
and the City Commission, the LDRs were amended in December of 1990 to prohibit
secondhand sales only within buildings facing Atlantic Avenue.
The Main Street Program is in the process of adopting its Neighborhood Plan. The plan
calls for Pineapple Grove Way to become a venue for the cultural arts, and emphasizes
the importance of the character of this street in achieving the economic development
objectives for the Main Street area. The sale of secondhand merchandise is one of
several uses that the group wants to limit or prohibit in the program area. The purpose
of the request is to prevent a proliferation of thrift and consignment shops on Pineapple
Grove Way, which is considered to be the "signature street" of the Main Street area.
Requests for additional LDR amendments will be forwarded to the City Commission and
the Planning and Zoning Board in the future.
As proposed, the amendment would prohibit the use entirely within any business which
has an entry from and/or windows along, and/or frontage on N.E. 2nd Avenue, between
East Atlantic Avenue and N.E. 4th Street. This language is consistent with the existing
restriction that applies to Atlantic Avenue, At the City Commission meeting of February
17, Commissioner Egan suggested an alternative approach that would continue to
allow second hand sales, but as a conditional rather than a permitted use. This
alternative would provide an opportunity to review each application on an individual
basis, and apply conditions that would help to mitigate the impacts of the use.
Conditional use approval requires a public hearing before the Planning and Zoning
Board, and final approval by the City Commission.
There is a basis for considering restrictions on the use of second hand sales. In
observing several of the second hand and consignment shops throughout town, there is
a wide discrepancy in appearance and operation that is not typical of retail
establishments dealing in new merchandise. Particularly in the case of establishments
dealing with donated goods, the main attraction for customers is the extremely Iow price
of the items, and little attention is paid to creating attractive window displays or
improving the exterior appearance of the buildings. Interior displays are often
disheveled and disorganized. Rear drop-off areas sometimes go unattended for long
periods, with merchandise piling up or getting blown about in windy conditions. These
conditions are inconsistent with the goals of the Main Street program to eliminate
blighted areas, facilitate economic stimulation and investment, and improve the
marketability of area establishments.
P & Z Board Staff Report
LDR Amendment re: Second Hand Sales in the CBD
Page 3
There are two policies contained in the Future Land Use Element of the
Comprehensive Plan which provide a further basis for regulation of this use. Policy C-
4.1 states that the zoning district regulations for the Central Business District shall
facilitate and encourage rehabilitation and revitalization, and shall address the "deletion
of inappropriate uses." Policy C-4.4 states that the City supports the efforts to revitalize
the Pineapple Grove Main Street area, and the use of the Main Street approach
(organization, promotion, design, and economic restructuring).
Two alternative LDR amendments are included as attachments to this report. The first
includes the language suggested by Pineapple Grove Main Street, and would prohibit
second hand sales altogether (except for existing establishments). The second would
continue to allow them in this area as a conditional use.
A. Continue with direction.
Recommend approval of Alternative Amendment "A", which prohibits the sale of
second hand material other than verifiable antiques on N.E. 2nd Avenue
Pineapple Grove Way).
Recommend aproval of Alternative Amendment "B", which allows the sale of
second hand material other than verifiable antiques on N.E. 2nd Avenue
(Pineapple Grove Way) as a conditional use.
D. Deny the proposed amendment(s).
Discuss the proposed alternatives and by motion, recommend that the City Commission
restrict the sale of second hand sales through adoption of one of the proposed
alternative amendments to LDR Section 4.4.13, Central Business District, as attached.
Attachments:
· Proposed Amendment "A"
· Proposed Amendment "B"
· Letter from Tom Fleming, PGMS Program Manager
ALTERNATIVE AMENDMENT "A"
4.4.13 Central Business (CBD) District
(H) Special Regulations:
(1) The sale of second hand material, other than verifiable antiques, shall not
be allowed within businesses, nor on properties, which have an entry from and/or
windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/k/a
.Pineapple Grove Wa.v) between East Atlantic Avenue and N.E. 4th Street.
ALTERNATIVE AMENDMENT "B"
4.4.13 Central Business (CBD) District
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the CBD District:
(16) The sale of second hand material, other than verifiable antiques, within
businesses or on properties which have an entry, from and/or windows along and/or
frontage on N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Atlantic
Avenue and N.E. 4th Street.
Pineapple Grove Main Smeet, Inc.
The Florida Main Street Program for Delray Beach
187 Pineapple Grove Way Delray Beach Florida 33444
February 9, 1998
Diane Dominguez, Planning Director
City of Delray Beach
100 NW 1it Ave.
Delray Beach, FL 33444
Dear Ms. Dominguez:
This letter u'ansmits our.request for an amendment to Section 4.4.13(G)(2), subsection (H)(1),
of the City's Land Development Regulations (LDRs), as more fully described below.
BACKGROUND
During its regular meeting of January 14, 1998, the Board of Directors of pineapple Grove
Main Street, Inc. (PGMS), approved and adopted the final draft of its Neighborhood Plan
for "Main Street" in the Grove (the "Plan") for delivery to local authorities. A copy of the
Plan is enclosed. The Board directed its Program Manager to schedule presentations to the
Delray Beach City Commission, Community Redevelopmem Agency, and Downtown
Development Authority at their earliest convenience. At the time of presentation, the
respective authorities will be asked to accept the Plan and work with PGMS to formulate
budgets and implementation schedules.
The Plan is a product of two years' work by hundreds of individuals, beginning with a
public Planning and Design Charrette, conducted March 1'~ and 2~, 1996, and culminating
with last month's Board meeting. It represents considerable community input and is intended
to facilitate the realization of the community's vision for Pineapple Grove.
Overall, the Plan is intended to accomplish several objectives in Pineapple Grove for the
benefit of the neighborhood, the downtown area, and the City of Delray Beach as a whole,
among which are the following.
· Attract the cultural arts
· Provide additional neighborhood shopping, entertainment, and educational opportunities.
· Improve environmental conditions.
· Increase pedestrian traffic/activity.
· Calm the flow of vehicular traffic.
· Eliminate blighted conditions.
· Provide a catalyst for future development.
· Facilitate economic stimulation and invesmaent.
· Improve marketability.
· Create jobs.
· Increase nightdmc activity.
· Provide housing opportunities.
· Increase the availability of parking.
Fax (561) 279~)108 Phone (561) 279-9952
We are reviewing the City's Land Development Regulations (LDRs) to locate and address any
that might bear on the effectiveness of the Plan and realization of the vision. The proposal
transmitted by this letter addresses our highest priorities for Pineapple Grove Way, specifically,
(1) creating an environment that encourages the cultural arts, and (2) strengthening the
economic vitality of the "Main Street" Program Area.
PROPOSED AMENDMENT
We recommend the following amendment to LDR Section 4.4.13(G)(2), as follows (deletions
are identified by ~,4t.o,~..,.. ~.~....t,..,k and additions by underline):
(H) Special Regulations: '
(1) The sale of second hand material, other than verifiable antiques, shall not be
allowed within businesses, nor on properfies~ which have an entry from and/or
windows along and/or frontage on East Atlantic Avenue or NE 2~ Avenue {a/k/a
Pineapple Grove Way) between East Atlantic Avenue and NE 4t~ Street.
Two so-called thrifffsecond-hand stores are presently located on Pineapple Grove Way. Both
are good businesses and welcomed neighbors. If our understanding is correct, the proposed
amendment will not affect these businesses as long they continue to operate in their present
locations. Instead, they would become non-conforming uses meaning that should their locations
cease to operate as thrift/second-hand stores for six or more months, the amended LDR would
then apply. It is not our intention to limit the two existing businesses, but rather affect any new
businesses looking at Pineapple Grove Way as potential locations.
The Plan addresses several other uses considered inappropriate for Pineapple Grove Way. We
will continue our research of the LDRs and communicate with you regarding additional
proposals for amendments as they arise.
Thank you in advance for taking the time to consider the above. Please call us (279-9952) at
your earliest convenience to discuss the matter.
V yy ,
Thomas F. ~
Program Ma~nager ~
c: David Harden Jane~ Onnen
Boca Raton News, Friday March 6, 1998
A IqJILIC HEAEIIIG MI! '~e ~
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T~ ~. ~A~Y USE
PEIMirP, OF ~ LMID DEVELOP.
AILL'm' R,EGULATR~LS OF THE CITY
OF DELRAY ~ TO ALLOW
~y IIKRKING LOTS
~; IqW~IDIIIG REGULATIONS
A#D RL~'TI~ICTION$ FO~ SAID
I'E~gq~IARY PA~KING LOTS;
IqlO¥1DING A GENERAL REPEAL-
ER ~-A ~AVING CLAUSE,
~ All EFFECTH~ DATE.
MI Olml~ OF THE CITY
~ OF THE CITY OF
BEACH, FLOIIDA, AMERCING SEC-
TION 4.4.~ %'ENTEAL BUSINESS
(~) INITEtcT', ~ISECTIO#
4~LU(N), ~J~e'CIAL RE~UL4TtOf~S~,
~U~PARAGRAPH ~L4J3(H)(1), OF
THE LAND D~ELO~NT REGU-
LATIONS OF THE CITY OF DELRAy
BEACH, TO RESTRICT l~qE SALE
OF r~-COgO ~ MATERIAL,
· THER TI~ ~I~RIFI/~ MI-
TI~UE~, 011 IL£ ~ND AVE#UE
(PINEAPPLE ~ WAY) WITHIN
THE CEI(~o BUSINESS DIS-
TRICT; PROYII~NG A GENERAL
RE/q:.ALER CLAUSE, A
CLAUSE, MID MI EFFECTIVE
DATE.
CITY OF (~LIIAY BEAr., i
CITY OF DELRAY BEACH
NOTICE OF USE CHANGE WITHIN
THE CENTRAL BUSINESS
DISTRICT (CBD)
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 14-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13 (H), "SPECIAL REGULATIONS", SUBPARAGRAPH
4.4.13 (H) (1), OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, TO RESTRICT THE SALE
OF SECOND HAND MATERIAL, OTHER THAN VERIFIABLE
.'ANTIQUES, ON N.E. 2ND AVENUE (PINEAPPLE GROVE
:WAY) WITHIN THE CENTRAL BUSINESS DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will ~onduct two (2) Publi[: Hearings for
the purpose of accepting public testimony regarding the
proposed ordinance. The first Public Hearing will be held on
TUESDAY, MARCH 3, 1998, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the Commission),
in the Commission Chambers at City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida, If the ordinance is passed .on first
reading, a second Public Hearing will be held on TUESDAY,
MARCH 17, 1998, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission).
All interested citizens are invited.to attend the public hearings
and comment upon the proposed ordinance or submit their
comments in writing on or before the date of these hearings to
the Planning and Zoning Department. For further information or
to obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040),
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A
VERBATIM RECORD INCLUDES THE 'TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THE CITY DOES NOT PROVIDE NOR PREPS. RE SUCH
RECORD. PURSUANT TO ES. 286.0105.
PUBLISH: Boca Raton News
FebruarY 23, 1998
Mamh 11, 1998
AD #763956
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
CITY OF DELRAY BEACH
NOTICE OF USE CHANGE WITHIN
THE CENTRAL BUSINESS
DISTRICT (CBD)
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 14-98
AN ORDINANCE OF THE CiTY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4~13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13 (H), "SPECIAL REGULATIONS", SUBPARAGRAPH
4.4.13 (H) (1), OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, TO RESTRICT THE SALE
OF SECOND HAND MATERIAL, OTHER THAN VERIFIABLE
ANTIQUES, ON N.E. 2ND AVENUE (PINEAPPLE GROVE
WAY) WITHIN THE CENTRAL BUSINESS DISTRICT:
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for
the purpose of accepting public testimony regarding the
proposed ordinance. The first Public Hearing will be held on
TUESDAY, MARCH 3, 1998, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the Commission),
in the Commission Chambers at City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida. If the ordinance is passed on first
reading, a second Public Hearing will be held on TUESDAY,
MARCH 17, 1998, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission).
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their
comments in writing on or before the date of these hearings to
the Planning and Zoning Department. For further information or
to obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida 33444 (Phone 561/243~7040).
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A
VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: Boca Raton News
February 23, 1998
March 11, 1998
· AD #763956
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
CITY OF DELRAY BEACH
NOTICE OF OIM E mT)liN
THE CENTI L BUSINESS
IXS glCT (OLD)
The City Commla~ion o! 1he City of Delray Bea~th, Florida,
ORDINANCE NO. 14-9~
AN ORDINANCE OF THE CITY COMMISSION OF THE CII'Y
OF DEI. RAY BEACH, FLORIDA, AMENDINO SECTION 4~4.13,
'CENTRAL BUSINESS (CBD) DI~i'RICT'. 9UB~ECTION
4.4.13 (H). "SPECIAL REGULATIONS'. SU~RAPH
4.4.13 (H) (1). OF THE LAND DEVELOI=~IENT RE(:IULATION~
OF THE CITY OF DELIIAY BEACH. TO RESTRICT THE SALE
OF SECOND HAND MATERIAL. OTHER THAN VERIFIABLE
ANTIQUES. ON N.E. 2ND AVENUE (PINEAPPLE GROVE
WAY) WFI'HIN THE CENTRAL BUSINESS DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE. AND AN EFFECTIVE DATE.
The City Commi~eion will oond~t two (2) Public Hearfl~g~ for
the purpeae of accepting public testimony regarding the
.~i~B~y,~~. The fimt Public Hel~tng will be held on
II~RCH 3, 1tll, AT ?:00 KM, (or at any
oentinuatio~ of ,,~h meadng which i~ ~t by the Comm~),
In tl~ Commfa~ion C.,hambem at City Hall. 100 N.W. 1~ Avenue,
De&ay Beach. Florida. If the ordinance il pas~d on firlt
reading, & lecend Public Hearing will be held on TUeSDaY,
MARCH 17, Itli, AT ?:00 P,M, (or at ~ eontlr~atl~ of such
meeting which is set by the Commission).
Ail int~rest~ oitizefle are ~ to attend the publio
end ~~ u~ ~ ~~ o~i~ or e~h Mr
~g a~ ~fling D~nz, C~ H~I,
Am~. ~ ~, ~ ~ ~
PUBLle~-I: Beea ~ New~
Mlrch 11, 18~8
CITY OF DELRAY BF_~CH
NOTICE OF USE CHANGE WITHIN
THE CENTRAL BUSINESS DISTRICT (CBD)
The City Commission of the City of Delray Beach,
proposes to adopt the following ordinance:
Florida,
ORDINANCE NO. 14-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT", SUBSECTION 4.4.13(H), "SPECIAL REGULATIONS",
SUBPARAGRAPH 4.4.13(H) (1), OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, TO RESTRICT THE SALE OF SECO5~ HAND
MATERIAL, OTHER THAN VERIFIABLE ANTIQUES, ON N.E. 2ND AVENUE
(PINEAPPLE GROVE WAY) WITHIN THE CENTRAL BUSINESS DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
MARCH 3, 1998, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY, MARCH 17, 1998, AT 7:00
P.M. (or at any continuation of such meeting which is set by the
Commission).
Ail interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their comments
in writing on or before the date of these hearings to the
Planning and Zoning Department. For further information or to
obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 (Phone 561/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: The News CITY OF DELRAY BEACH
February 23, 1998 Alison MacGregor Harty
March 11, 1998 City Clerk
Instructions to Newspaper: This ad is not to be placed in the
legal ads/classified section of the newspaper. It must be at
least two standard columns wide and ten inches long. The entire
headline [NOTICE OF USE CHANGE WITHIN THE CENTRAL BUSINESS (CBD)
DISTRICT] must be an 18 point bold headline. Thank you.
MEMORANDUM
TO:
FROM:
RE:
DATE:
ALISON MACGREGOR HARTY, CITY CLERK
JASMIN ALLEN, PLANNER ~~/2~ ~
PREPARATION OF ORDINANCES AND RESOLUTIONS FOR
THE CITY COMMISSION MEETING OF MARCH 3, 1998
FEBRUARY 10, 1998
Please prepare the necessary advertisements and ensure that the following item
is scheduled for public hearings at the March 3rd and March 17th City
Commission meetings.
Amendment to Section 4.4.13(H), of the Land Development Regulations to
prohibit the sale of second hand material, other than verifiable antiques along
Pineapple Grove Way.
Thanks.
TO:
FROM:
DAVID T. HARDEN
CITY MANAGER ~-
DIANE DOMINGUEZ, DIRECTOR ,, _I K.[_,
DEPARTMENT OF PLANNING AND'ZONING
SUBJECT:
MEETING OF FEBRUARY 17, 1998
INITIATION OF AN LDR AMENDMENT RESTRICTING SECOND HAND
SALES ON N.E. 2ND AVE. (PINEAPPLE GROVE WAY) IN THE CBD
The Pineapple Grove Main Street program has requested that the Land Development
Regulations be amended to limit second hand sales on N.E. 2nd Avenue (Pineapple Grove
Way) to items that are verifiable antiques. This restriction already exists for businesses with
entries on East Atlantic Avenue. The purpose of the request is to prevent a proliferation of thrift
and consignment shops on what is considered to be the "signature street" of the Main Street
area.
Attached is a letter from PGMS Program Coordinator Tom Fleming outlining the basis for the
request. The Main Street Program is in the process of adopting its Neighborhood Plan. The
plan calls for Pineapple Grove Way to become a venue for the cultural arts, and emphasizes
the importance of the character of this street in achieving the economic development objectives
for the Main Street area. The sale of secondhand merchandise is one of several uses that the
group wants to limit or prohibit in the program area. Additional requests will be forwarded to
the City Commission and the Planning and Zoning Board in the future.
Pursuant to LDR Section 2.4.5(M)(1), LDR amendments may be initiated by the City
Commission, the Planning and Zoning Board, City Administration, or an individual. Pineapple
Grove Main Street program is a nonprofit organization, which does not fall into the above
categories. However the Commission may wish to initiate the amendment if they feel it is
appropriate and has merit. The affected LDR section is 4.4.13(H)(1), Central Business District,
Special Regulations. If initiated, the Planning and Zoning Board will hold a public hearing to
consider the amendment on February 23, 1998.
By motion, initiate the amendment to Section 4.4.13(H)(1) of the Land Development
Regulations as requested by Pineapple Grove Main Street.
Attachment:
· Letter from Tom Fleming, Program Manager
Pineapple Grove Main Street, Inc.
The Florida Main Street Program for Delray Beach
187 Pineapple Grove Way Delray Beach Florida 33444
February 9, 1998
Diane Dominguez, Planning Director
City of Delray Beach
100 NW 1't Ave.
Delray Beach, FL 33444
Dear Ms. Dominguez:
This letter transmits our.request for an amendment to Section 4.4.13(G)(2), subsection (I-I)(1),
of the City's Land Development Regulations (LDRs), as more fully described below.
BACKGROUND
During its regular meeting of January 14, 1998, the Board of Directors of Pineapple Grove
Main Street, Inc. (PGMS), approved and adopted the final draft of its Neighborhood Plan
for UMain Street ~ in the Grove (the "Plan") for delivery to local authorities. A copy of the
Plan is enclosed. The Board directed its Program Manager to schedule presentations to the
Delray Beach City Commission, Community Redevelopment Agency, and Downtown
Development Authority at their earliest convenience. At the time of presentation, the
respective authorities will be asked to accept the Plan and work with PGMS to formulate
budgets and implementation schedules.
The Plan is a product of two years' work by hundreds of individuals, beginning with a
public Planning and Design Charrette, conducted March 1't and 2~, 1996, and culminating
with last month's Board meeting. It represents considerable community input and is intended
to facilitate the realization of the community's vision for Pineapple Grove.
Overall, the Plan is intended to accomplish several objectives in Pineapple Grove for the
benefit of the neighborhood, the downtown area, and the City of Delray Beach as a whole,
among which are the following.
Attract the cultural arts
· Provide additional neighborhood shopping, entertainment, and educational opportunities.
· Improve environmental conditions.
· Increase pedestrian traffic/activity.
· Calm the flow of vehicular traffic.
· Eliminate blighted conditions.
· Provide a catalyst for future development.
· Facilitate economic stimulation and investment.
· Improve marketability.
· Create jobs.
· Incre~ nighttime activity.
· Provide housing oppommifies.
· Increase the availability of parking.
Fax (561) 2790108 Phone (561) 279-9952
We are reviewing the City's Land Development Regulations (LDRs) to locate and address any
that might bear on the effectiveness of the Plan and realization of the vision. The proposal
transmitted by this letter addresses our highest priorities for Pineapple Grove Way, specifically,
(1) creating an environment that encourages the cultural arts, and (2) strengthening the
economic vitality of the "Main Street" Program Area.
PROPOSED AMENDMENT
We recommend the following amendment to LDR Section 4.4.13(G)(2), as follows (deletions
are identified by s~, and additions by underiine):
(H) Special Regulations:
(1) The sale of second hand material, other than verifiable antiques, shall not be
allowed within businesses~ nor on properties, which have an entry from and/or
windows along and/or frontage on East Atlantic Avenue or NE 2~ Avenue (a/k/a
Pineapple Grove Way) between East Atlantic Avenue and NE 4'~ Street.
Two so-called thrift/second-hand stores are presently located on Pineapple Grove Way. Both
are good businesses and welcomed neighbors. If our understanding is correct, the proposed
amendment will not affect these businesses as long they continue to operate in their present
locations. Instead, they would become non-conforming uses meaning that should their locations
cease to operate as thrift/second-hand stores for six or more months, the amended LDR would
then apply. It is not our intention to limit the two existing businesses, but rather affect any new
businesses looldng at Pineapple Grove Way as potential locations.
The Plan addresses several other uses considered inappropriate for Pineapple Grove Way. We
will continue our research of the LDRs and communicate with you regarding additional
proposals for amendments as they arise.
Thank you in advance for talcing the time to consider the above. Please call us (279-9952) at
your earliest convenience to discuss the matter.
V~.yy .
Thomas F. i~
Program Manager x.J
e: David Harden
Janet Onnen